David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy Research Archives 13:431-438 (1987)
This paper argues that the general practice of punishment cannot be successfully defended by appeals to social contract arguments based upon the work of John Rawls. Several attempts to present such justifications are discussed, including those by Murphy, Morris, Sterba, and Hoekema. It is argued that social contractors would not choose a practice of punishment because such a practice is a symbolic expression of society’s disapproval of offenses against the law. Social contractors would instead choose a practice which might have some deterrent effect upon crime but would lack the feature of social contract 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
No citations found.
Similar books and articles
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
Shawn J. Bayern, The Significance of Private Burdens and Lost Benefits for a Fair-Play Analysis of Punishment.
Anthony Ellis (2003). A Deterrence Theory of Punishment. Philosophical Quarterly 53 (212):337–351.
George Schedler (1976). Capital Punishment and its Deterrent Effect. Social Theory and Practice 4 (1):47-56.
Bill Wringe (2013). Must Punishment Be Intended to Cause Suffering? Ethical Theory and Moral Practice 16 (4):863-877.
Thomas W. Satre (1991). Human Dignity and Capital Punishment. Journal of Philosophical Research 16:233-250.
Wesley Cragg (1992). The Practice of Punishment: Towards a Theory of Restorative Justice. Routledge.
Jami L. Anderson (1999). A Hegelian Theory of Punishment. Legal Theory 5 (4):363-388.
Corey Brettschneider (2011). Rights Within the Social Contract : Rousseau on Punishment. In Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation. Stanford Law Books
G. Scarre (2003). Corporal Punishment. Ethical Theory and Moral Practice 6 (3):295-316.
Barbara Hudson (2003). Understanding Justice: An Introduction to Ideas, Perspectives, and Controversies in Modern Penal Theory. Open University Press.
Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
Jami L. Anderson (1999). Annulment Retributivism: A Hegelian Theory of Punishment. Cambridge University Press 5 (4):363-388.
Thom Brooks (2012). Punishment. Routledge.
Added to index2011-12-02
Total downloads5 ( #415,509 of 1,778,182 )
Recent downloads (6 months)1 ( #291,352 of 1,778,182 )
How can I increase my downloads?