David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 5 (3):393 - 416 (1986)
Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so grounded, deterrence and retributive theories are incomplete as they are typically formulated. The intuitions behind these theories can be satisfied in a variety of complete theories, i.e., theories that understand the justification of punishment in relation to the justification of state authority. A consequence of this is that at least some of the intuitions underlying deterrence and retributive theories can be satisfied at the same time by a given theory.
|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
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.
Adil Ahmad Haque (2013). The Revolution and the Criminal Law. Criminal Law and Philosophy 7 (2):231-253.
Similar books and articles
Ido Weijers (2000). Punishment and Upbringing: Considerations for an Educative Justification of Punishment. Journal of Moral Education 29 (1):61-73.
Richard L. Lippke (2009). Retributive Parsimony. Res Publica 15 (4):377-395.
Jeffrey Glick (2010). Justification and the Right to Believe. Philosophical Quarterly 60 (240):532-544.
Linda Radzik (2000). Justification and the Authority of Norms. Journal of Value Inquiry 34 (4):451-461.
Anthony Ellis (2005). Punishment as Deterrence: Reply to Sprague. Philosophical Quarterly 55 (218):98 - 101.
By Anthony Ellis (2005). Punishment as Deterrence: Reply to Sprague. Philosophical Quarterly 55 (218):98–101.
Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. [REVIEW] Criminal Law and Philosophy 2 (2):123-129.
Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review Of International Social And Political Philosophy 1 (1):86-101.
Bill Wringe (2010). War Crimes and Expressive Theories of Punishment: Communication or Denunciation? Res Publica 16 (2):119-133.
Added to index2009-01-28
Total downloads43 ( #36,891 of 1,096,465 )
Recent downloads (6 months)1 ( #238,630 of 1,096,465 )
How can I increase my downloads?