Inquiry 8 (1-4):249 – 263 (1965)
Although the view that punishment is to be justified on utilitarian grounds has obvious appeal, an examination of utilitarianism reveals that, consistently and accurately interpreted, it dictates unjust punishments which are unacceptable to the common moral consciousness. In this rule?utilitarianism is no more satisfactory than is act?utilitarianism. Although the production of the greatest good, or the greatest happiness, of the greatest number is obviously a relevant consideration when determining which punishments may properly be inflicted, the question as to which punishment is just is a distinct and more basic question and one which must be answered before we can determine which punishments are morally permissible. That a retributivist theory, which is a particular application of a general principle of justice, can account more satisfactorily for our notion of justice in punishment is a positive reason in its support
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
Beyond Sweatshops: Positive Deviancy and Global Labour Practices.Denis G. Arnold & Laura P. Hartman - 2005 - Business Ethics 14 (3):206–222.
Rule Utilitarianism, Rational Decision and Obligations.Lanning Sowden - 1984 - Theory and Decision 17 (2):177-192.
A Critique of Information Ethics.Tony Doyle - 2010 - Knowledge, Technology & Policy 23 (1-2):163-175.
A Critique of Information Ethics.Tony Doyle - 2010 - Knowledge, Technology and Policy 23 (1-2):163-175.
Similar books and articles
Retributivism and Fallible Systems of Punishment.George Schedler - 2011 - Criminal Justice Ethics 30 (3):240-266.
Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
Why Must Punishment Be Unusual as Well as Cruel To Be Unconstitutional?David Hershenov - forthcoming - Public Affairs Quarterly.
Kantian Punishment and Retributivism: A Reply to Clark.Thom Brooks - 2005 - Ratio 18 (2):237–245.
A Retributive Argument Against Punishment.Greg Roebuck & David Wood - 2011 - Criminal Law and Philosophy 5 (1):73-86.
The Rise and Fall of the Mixed Theory of Punishment.Whitley Kaufman - 2008 - International Journal of Applied Philosophy 22 (1):37-57.
Added to index2009-02-04
Total downloads236 ( #15,022 of 2,158,481 )
Recent downloads (6 months)21 ( #17,578 of 2,158,481 )
How can I increase my downloads?