David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Critical Review of International Social and Political Philosophy 1 (1):86-101 (1998)
The argument between retributivists and consequentialists about what morally justifies the punishment of offenders is incoherent. If we were to discover that all of the contending justifications were mistaken, there is no realistic prospect that this would lead us to abandon legal punishment. Justification of words, beliefs and deeds, can only be intelligible on the assumption that if one's justification were found to be invalid and there were no alternative justification, one would be prepared to stop saying, believing or doing what one has attempted to justify. Therefore, the moral standing or basis of our practices of punishing offenders can not rest on a justification of it.
|Keywords||Philosophy of Punishment Political Philosophy|
|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
Gary Watson (ed.) (2003). Free Will. Oxford University Press.
H. L. A. Hart (1970). Punishment and Responsibility. Philosophy 45 (172):162-162.
H. B. Acton & Ted Honderich (1970). The Philosophy of Punishment. Philosophy 45 (174):341-341.
K. G. Armstrong (1961). The Retributivist Hits Back. Mind 70 (280):471-490.
Kevin Magill (1997). Freedom and Experience: Self-Determination Without Illusions. St. Martin's Press/Palgrave Macmillan.
Citations of this work BETA
No citations found.
Similar books and articles
Nathan Hanna (2014). Retributivism Revisited. Philosophical Studies 167 (2):473-484.
Daniel Z. Korman (2003). The Failure of Trust-Based Retributivism. Law and Philosophy 22 (6):561-575.
Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. [REVIEW] Criminal Law and Philosophy 2 (2):123-129.
Michael Philips (1986). The Justification of Punishment and the Justification of Political Authority. Law and Philosophy 5 (3):393 - 416.
Adam Kolber (2012). Unintentional Punishment. Legal Theory 18 (1):1-29.
Suzanne Uniacke (2015). Punishment as Penalty. Criminal Law and Philosophy 9 (1):37-47.
Matt Matravers (2000). Justice and Punishment: The Rationale of Coercion. Oxford University Press.
Nathan Hanna (2009). Liberalism and the General Justifiability of Punishment. Philosophical Studies 145 (3):325-349.
Leo Zaibert (2013). The Instruments of Abolition, or Why Retributivism is the Only Real Justification of Punishment. Law and Philosophy 32 (1):33-58.
Richard L. Lippke (2009). Retributive Parsimony. Res Publica 15 (4):377-395.
Rebecca Pates (2003). A Philosophical Investigation of Punishment. Dissertation, Mcgill University (Canada)
Matt K. Stichter (2010). Rescuing Fair-Play as a Justification for Punishment. Res Publica 16 (1):73-81.
Jami L. Anderson (1997). Reciprocity as a Justification for Retributivism. Criminal Justice Ethics 16 (1):13-25.
Ido Weijers (2000). Punishment and Upbringing: Considerations for an Educative Justification of Punishment. Journal of Moral Education 29 (1):61-73.
James D. Marshall (1984). Punishment and Moral Education. Journal of Moral Education 13 (2):83-89.
Added to index2011-03-31
Total downloads59 ( #77,514 of 2,254,584 )
Recent downloads (6 months)3 ( #218,490 of 2,254,584 )
How can I increase my downloads?