Law and Philosophy 10 (2):189 - 219 (1991)
Over the past ten years or so, there has been a renewed interest in the moral education theory of punishment. The attractions of the theory are numerous, not least of which is that it offers hopes for a breakthrough in the apparently intractable debate between deterrence theorists and retributivists. Nevertheless, I believe there are severe problems with recent formulations of the theory. First, contemporary educationists all place great emphasis on autonomy, yet fail to show how continued respect for autonomy is compatible with achievement of their stated punitive goals. Second, educationists have, and possibly must, take incarceration as the best available punitive sanction. Yet it is unclear how morally educative such a punishment will be. Third, contemporary educationists view punishment as a benefit to be conferred on an offender. But educationists have not succeeded in arguing that society is obligated to confer such benefits, nor have they adequately defended the Platonic moral psychology necessary to show that moral education is always a benefit to justly punished offenders. Fourth, contemporary educationists are hopeful that an indeterminate sentencing policy can be avoided, but I argue that such a policy is an ineliminable component of an educationist justification of punishment. Finally, I raise some doubts about the scope that educationist goals ought to have in any comprehensive theory of punishment.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
Punishment Theory's Golden Half Century: A Survey of Developments From (About) 1957 to 2007. [REVIEW]Michael Davis - 2009 - Journal of Ethics 13 (1):73 - 100.
Electronic Monitoring of Offenders: An Ethical Review.William Bülow - 2014 - Science and Engineering Ethics 20 (2):505-518.
Punishment Theory’s Golden Half Century: A Survey of Developments From 1957 to 2007.Michael Davis - 2009 - Journal of Ethics 13 (1):73-100.
Treating Inmates as Moral Agents: A Defense of the Right to Privacy in Prison.William Bülow - 2014 - Criminal Justice Ethics 33 (1):1-20.
Similar books and articles
Liberalism and the General Justifiability of Punishment.Nathan Hanna - 2009 - Philosophical Studies 145 (3):325-349.
The Rise and Fall of the Mixed Theory of Punishment.Whitley Kaufman - 2008 - International Journal of Applied Philosophy 22 (1):37-57.
The Compatibility of Punishment and Moral Education.Peter Hobson - 1986 - Journal of Moral Education 15 (3):221-228.
The Idea of a Justification for Punishment.Kevin Magill - 1998 - Critical Review of International Social and Political Philosophy 1 (1):86-101.
Compulsory Victim Restitution is Punishment: A Reply to Boonin.Michael Cholbi - 2010 - Public Reason 2 (1):85-93.
Punishment and Upbringing: Considerations for an Educative Justification of Punishment.Ido Weijers - 2000 - Journal of Moral Education 29 (1):61-73.
Added to index2009-01-28
Total downloads84 ( #62,852 of 2,177,988 )
Recent downloads (6 months)1 ( #317,698 of 2,177,988 )
How can I increase my downloads?