Philosophy Research Archives 13:431-438 (1987)
Abstract |
This paper argues that the general practice of punishment cannot be successfully defended by appeals to social contract arguments based upon the work of John Rawls. Several attempts to present such justifications are discussed, including those by Murphy, Morris, Sterba, and Hoekema. It is argued that social contractors would not choose a practice of punishment because such a practice is a symbolic expression of society’s disapproval of offenses against the law. Social contractors would instead choose a practice which might have some deterrent effect upon crime but would lack the feature of social contract theory
|
Keywords | Contemporary Philosophy History of Philosophy |
Categories | (categorize this paper) |
ISBN(s) | 0164-0771 |
DOI | 10.5840/pra1987/19881316 |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
No references found.
Citations of this work BETA
Similar books and articles
''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.
The Significance of Private Burdens and Lost Benefits for a Fair-Play Analysis of Punishment.Shawn J. Bayern - unknown
Capital Punishment and its Deterrent Effect.George Schedler - 1976 - Social Theory and Practice 4 (1):47-56.
Must Punishment Be Intended to Cause Suffering?Bill Wringe - 2013 - Ethical Theory and Moral Practice 16 (4):863-877.
Human Dignity and Capital Punishment.Thomas W. Satre - 1991 - Journal of Philosophical Research 16:233-250.
Rights Within the Social Contract : Rousseau on Punishment.Corey Brettschneider - 2011 - In Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation. Stanford Law Books.
Understanding Justice: An Introduction to Ideas, Perspectives, and Controversies in Modern Penal Theory.Barbara Hudson - 2003 - Open University Press.
Retributivist Arguments Against Capital Punishment.Thom Brooks - 2004 - Journal of Social Philosophy 35 (2):188–197.
Annulment Retributivism: A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Cambridge University Press 5 (4):363-388.
Analytics
Added to PP index
2011-12-02
Total views
19 ( #584,953 of 2,518,781 )
Recent downloads (6 months)
1 ( #408,070 of 2,518,781 )
2011-12-02
Total views
19 ( #584,953 of 2,518,781 )
Recent downloads (6 months)
1 ( #408,070 of 2,518,781 )
How can I increase my downloads?
Downloads