David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Ohio State Journal of Criminal Law 8 (2):369-384 (2011)
This article defends deterrence as an aim of punishment. Specifically, I contend that a system of punishment aimed at deterrence (with constraints to prohibit punishing the innocent or excessively punishing the guilty) is consistent with the liberal principle of respect for offenders as autonomous moral persons. I consider three versions of the objection that deterrent punishment fails to respect offenders. The first version, raised by Jeffrie Murphy and others, charges that deterrent punishment uses offenders as mere means to securing the social good of crime reduction. The second and third are developed by R.A. Duff. The second holds that deterrent punishment inappropriately excludes offenders from the moral community. The third charges that deterrent punishment offers community members the wrong sorts of reasons to comply with the law. I conclude that each of these objections fails. A system of punishment aimed at deterrence (suitably constrained) is consistent with respect for offenders as moral persons.
|Keywords||philosophy of law punishment theory|
|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
Christopher Bennett (2013). Considering Capital Punishment as a Human Interaction. Criminal Law and Philosophy 7 (2):367-382.
Similar books and articles
Anthony Ellis (2003). A Deterrence Theory of Punishment. Philosophical Quarterly 53 (212):337–351.
By Anthony Ellis (2005). Punishment as Deterrence: Reply to Sprague. Philosophical Quarterly 55 (218):98–101.
Anthony Ellis (2005). Punishment as Deterrence: Reply to Sprague. Philosophical Quarterly 55 (218):98 - 101.
R. A. Duff (2013). Punishment and the Duties of Offenders. Law and Philosophy 32 (1):109-127.
Zachary Hoskins (2013). ''Punishment, Contempt, and the Prospect of Moral Reform''. Criminal Justice Ethics 32 (1):1-18.
Zachary Hoskins (2011). Fair Play, Political Obligation, and Punishment. Criminal Law and Philosophy 5 (1):53-71.
Adil Ahmad Haque (2013). Retributivism: The Right and the Good. [REVIEW] Law and Philosophy 32 (1):59-82.
Larry Alexander (1983). Retributivism and the Inadvertent Punishment of the Innocent. Law and Philosophy 2 (2):233 - 246.
Daniel Z. Korman (2003). The Failure of Trust-Based Retributivism. Law and Philosophy 22 (6):561-575.
Christopher Bennett (2004). Punishment. Philosophical Books 45 (4):324-334.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Anthony Ellis (2010). War Crimes, Punishment and the Burden of Proof. Res Publica 16 (2):181-196.
Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review of International Social and Political Philosophy 1 (1):86-101.
Jürgen S. Poesche (1996). Punishment in Environmental Protection. Journal of Business Ethics 15 (10):1071 - 1081.
Added to index2012-10-06
Total downloads44 ( #99,869 of 1,934,421 )
Recent downloads (6 months)7 ( #76,841 of 1,934,421 )
How can I increase my downloads?