David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 10 (2):189 - 219 (1991)
Over the past ten years or so, there has been a renewed interest in the moral education theory of punishment. The attractions of the theory are numerous, not least of which is that it offers hopes for a breakthrough in the apparently intractable debate between deterrence theorists and retributivists. Nevertheless, I believe there are severe problems with recent formulations of the theory. First, contemporary educationists all place great emphasis on autonomy, yet fail to show how continued respect for autonomy is compatible with achievement of their stated punitive goals. Second, educationists have, and possibly must, take incarceration as the best available punitive sanction. Yet it is unclear how morally educative such a punishment will be. Third, contemporary educationists view punishment as a benefit to be conferred on an offender. But educationists have not succeeded in arguing that society is obligated to confer such benefits, nor have they adequately defended the Platonic moral psychology necessary to show that moral education is always a benefit to justly punished offenders. Fourth, contemporary educationists are hopeful that an indeterminate sentencing policy can be avoided, but I argue that such a policy is an ineliminable component of an educationist justification of punishment. Finally, I raise some doubts about the scope that educationist goals ought to have in any comprehensive theory of punishment.
|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.
William Bülow (2014). Electronic Monitoring of Offenders: An Ethical Review. Science and Engineering Ethics 20 (2):505-518.
Michael Davis (2009). Punishment Theory’s Golden Half Century: A Survey of Developments From 1957 to 2007. Journal of Ethics 13 (1):73-100.
William Bülow (2014). Treating Inmates as Moral Agents: A Defense of the Right to Privacy in Prison. Criminal Justice Ethics 33 (1):1-20.
Steven Sverdlik (2014). Punishment and Reform. Criminal Law and Philosophy 8 (3):619-633.
Similar books and articles
Michael Cholbi (2010). Compulsory Victim Restitution is Punishment: A Reply to Boonin. Public Reason 2 (1):85-93.
Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review of International Social and Political Philosophy 1 (1):86-101.
Peter Hobson (1986). The Compatibility of Punishment and Moral Education. Journal of Moral Education 15 (3):221-228.
Whitley Kaufman (2008). The Rise and Fall of the Mixed Theory of Punishment. International Journal of Applied Philosophy 22 (1):37-57.
Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (2):206.
Nathan Hanna (2009). Liberalism and the General Justifiability of Punishment. Philosophical Studies 145 (3):325-349.
James D. Marshall (1984). Punishment and Moral Education. Journal of Moral Education 13 (2):83-89.
Ido Weijers (2000). Punishment and Upbringing: Considerations for an Educative Justification of Punishment. Journal of Moral Education 29 (1):61-73.
Added to index2009-01-28
Total downloads82 ( #50,876 of 1,796,218 )
Recent downloads (6 months)4 ( #208,919 of 1,796,218 )
How can I increase my downloads?