David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
International Journal of Applied Philosophy 22 (1):37-57 (2008)
In the middle of the twentieth century, many philosophers came to believe that the problem of morally justifying punishment had finally been solved. Defended most famously by Hart and Rawls, the so-called “Mixed Theory” of punishment claimed that justifying punishment required recognizing that the utilitarian and retributive theories were in fact answers to two different questions: utilitarianism answered the question of why we have punishment as an institution, while retribution answered the question of how to punish individual wrongdoers. We could thus reconcile the two great competing theories of punishment, and show how they were both right and not in conflict at all. Unfortunately, it gradually became apparent that the solution would not work. This essay attempts to set out thereasons why the Mixed Theory was bound to fail, and why the problem of reconciling the utilitarian and retributive goals remains with us
|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
Thom Brooks (2005). Kantian Punishment and Retributivism: A Reply to Clark. Ratio 18 (2):237–245.
Richard L. Lippke (2006). Mixed Theories of Punishment and Mixed Offenders: Some Unresolved Tensions. Southern Journal of Philosophy 44 (2):273-295.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
J. Angelo Corlett (2001). Making Sense of Retributivism. Philosophy 76 (1):77-110.
Thom Brooks (2012). Punishment. Routledge.
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Alan Wertheimer (1977). Punishing the Innocent — Unintentionally. Inquiry 20 (1-4):45 – 65.
Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (02):206-.
Nathan Hanna (2008). Say What? A Critique of Expressive Retributivism. Law and Philosophy 27 (2):123-150.
H. J. McCloskey (1965). A Non-Utilitarian Approach to Punishment. Inquiry 8 (1-4):249 – 263.
Merle J.-C. (2000). A Kantian Critique of Kant's Theory of Punishment. Law and Philosophy 19 (3):311-338.
Michael Davis (2010). What Punishment for the Murder of 10,000? Res Publica 16 (2):101-118.
Matt Matravers (2000). Justice and Punishment: The Rationale of Coercion. Oxford University Press.
Michael Davis (2009). Punishment Theory's Golden Half Century: A Survey of Developments From (About) 1957 to 2007. [REVIEW] Journal of Ethics 13 (1):73 - 100.
Jean-Christophe Merle (2000). A Kantian Critique of Kant's Theory of Punishment. Law and Philosophy 19 (3):311 - 338.
Added to index2011-01-09
Total downloads22 ( #77,868 of 1,101,151 )
Recent downloads (6 months)4 ( #81,248 of 1,101,151 )
How can I increase my downloads?