David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 32 (1):129-157 (2013)
In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm--namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under the lone heading of justice. In a final and most critical section, I offer arguments for why this reconciliatory commitment, further constrained by a misplaced emphasis on corrective justice, generates major problems for his general deterrence account of the core justification of criminal punishment.
|Keywords||moral justification of punishment state punishment criminal law justice corrective justice general deterrence incommensurability|
|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
Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.
Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. [REVIEW] Criminal Law and Philosophy 2 (2):123-129.
Leo Zaibert (2013). The Instruments of Abolition, or Why Retributivism is the Only Real Justification of Punishment. Law and Philosophy 32 (1):33-58.
Matt Matravers (2000). Justice and Punishment: The Rationale of Coercion. Oxford University Press.
Alan W. Norrie (2000). Punishment, Responsibility, and Justice: A Relational Critique. Oxford University Press.
David J. Cornwell (2006). Criminal Punishment and Restorative Justice: Past, Present, and Future Perspectives. North American Distributor, International Specialised Book Services.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
Katrina Sifferd (2012). Changing the Criminal Character: Nanotechnology and Criminal Punishment. In A. Santosuosso (ed.), Proceedings of the 2011 Law and Science Young Scholars Symposium. Pavia University Press.
Antony Duff (2003). Punishment, Communication and Community. In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
Thom Brooks (2012). Punishment. Routledge.
Ian Marsh (2004). Criminal Justice: An Introduction to Philosophies, Theories and Practice. Routledge.
Jakob Holderstein Holtermann (2009). Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment. Criminal Law and Philosophy 3 (2):187-207.
Donald A. Dripps (2009). The Priority of Politics and Procedure Over Perfectionism in Penal Law, or, Blackmail in Perspective. Criminal Law and Philosophy 3 (3):247-260.
Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
Added to index2012-10-04
Total downloads11 ( #146,995 of 1,168,035 )
Recent downloads (6 months)1 ( #140,420 of 1,168,035 )
How can I increase my downloads?