How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...) and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

This is Jürgen Habermas's most concrete historical-sociological book and one of the key contributions to political thought in the postwar period. It will be a revelation to those who have known Habermas only through his theoretical writing to find his later interests in problems of legitimation and communication foreshadowed in this lucid study of the origins, nature, and evolution of public opinion in democratic societies.

An account of the emergence and disintegration of.

Informed by this premise the book explores some of the key questions in criminal theory, addressing first the ethics of criminalisation and punishment.

A new volume of philosophical essays by Bernard Williams. The book is a successor to Problems of the Self, but whereas that volume dealt mainly with questions of personal identity, Moral Luck centres on questions of moral philosophy and the theory of rational action. That whole area has of course been strikingly reinvigorated over the last deacde, and philosophers have both broadened and deepened their concerns in a way that now makes much earlier moral and political philosophy look sterile and (...) trivial. Moral Luck contains a number of essays that have contributed influentially to this development. Among the recurring themes are the moral and philosophical limitations of utilitarianism, the notion of integrity, relativism, and problems of moral conflict and rational choice. The work presented here is marked by a high degree of imagination and acuity, and also conveys a strong sense of psychological reality. The volume will be a stimulating source of ideas and arguments for all philosophers and a wide range of other readers. (shrink)