David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy 42 (159):53 - 67 (1967)
T he Question of punishment and its justification has been a major preoccupation in recent philosophy of law. The reasons for this growing concern are not difficult to discover. Both philosophers and jurists have become increasingly sceptical of traditional theories of legal punishment. Each of these inherited theories was designed to establish criteria for the recognition and appraisal of punishment as a legal institution. However, alternative theories emphasised different and often conflicting criteria. Some theories emphasised moral desert and retribution, while others appealed to the social utilities of punishment. Failure to reconcile these diverse philosophical viewpoints, through sustained debate over two centuries, has been a major source of intellectual dissatisfaction
|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
No citations found.
Similar books and articles
Geoffrey Sayre-McCord (2001). Criminal Justice and Legal Reparations as an Alternative to Punishment. Noûs 35 (s1):502 - 529.
David J. Cornwell (2006). Criminal Punishment and Restorative Justice: Past, Present, and Future Perspectives. North American Distributor, International Specialised Book Services.
Thaddeus Metz (2012). Punishment. In Deen Chatterjee (ed.), Encyclopedia of Global Justice. Springer 915-17.
Jane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.
Oliver O'Donovan (1977). Measure for Measure: Justice in Punishment and the Sentence of Death. Grove Books.
Jakob Holderstein Holtermann (2009). Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment. Criminal Law and Philosophy 3 (2):187-207.
Richard Lippke (2010). Punishing the Guilty, Not Punishing the Innocent. Journal of Moral Philosophy 7 (4):462-488.
Matt Matravers (2000). Justice and Punishment: The Rationale of Coercion. Oxford University Press.
Benjamin Yost (2011). Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment. Continental Philosophy Review 44 (1):41-64.
Wojciech Sadurski (1984). Social Justice and Legal Justice. Law and Philosophy 3 (3):329 - 354.
Added to index2010-08-10
Total downloads3 ( #611,662 of 1,792,523 )
Recent downloads (6 months)2 ( #345,624 of 1,792,523 )
How can I increase my downloads?