Political Neutrality and Punishment

Criminal Law and Philosophy 7 (2):217-230 (2013)
Abstract
This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn
Keywords Liberalism  Retributivism  Legal moralism  Impartialism  Punishment  Criminalization
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,316
External links
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

View all 12 references

Citations of this work BETA

No citations found.

Similar books and articles
Noriaki Iwasa (2010). The Impossibility of Political Neutrality. Croatian Journal of Philosophy 10 (29):147-155.
Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review Of International Social And Political Philosophy 1 (1):86-101.
Analytics

Monthly downloads

Added to index

2012-08-15

Total downloads

16 ( #97,038 of 1,096,453 )

Recent downloads (6 months)

1 ( #238,630 of 1,096,453 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.