The Utilitarian Justification of Prepunishment

Polish Journal of Philosophy 8 (1):25-35 (2014)
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According to Christopher New, prepunishment is punishment for an offence before the offence is committed. I will first analyze New’s argument, along with theepistemic conditions for practicing prepunishment. I will then deal with an important conceptual objection, according to which prepunishment is not a genuine kind of ‘punishment’. After that, I will consider retributivism and present conclusive reasons for the claim that it cannot justify prepunishment without leading to paradoxical results. I shall then seek to establish that from the utilitarian point of view it is possible to provide a plausible justification of this practice. Finally, I shall attempt to defend the claim that the fact that utilitarianism can justify prepunishment in a satisfactory way is clearly a favourable characteristic of this ethical position.



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Voin Milevski
University of Belgrade (PhD)

Citations of this work

The consequentialist problem with prepunishment.Preston Greene - 2021 - Thought: A Journal of Philosophy 10 (3):199-208.

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References found in this work

Punishment and Responsibility.H. L. A. Hart - 1968 - Philosophy 45 (172):162-162.
Desert and justice.Serena Olsaretti (ed.) - 2003 - New York: Oxford University Press.
Varieties of retribution.John Cottingham - 1979 - Philosophical Quarterly 29 (116):238-246.

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