Victor’s Justice: The Next Best Moral Theory of Criminal Punishment? [Book Review]

Law and Philosophy 32 (1):129-157 (2013)
  Copy   BIBTEX

Abstract

In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm-­-­namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under the lone heading of justice. In a final and most critical section, I offer arguments for why this reconciliatory commitment, further constrained by a misplaced emphasis on corrective justice, generates major problems for his general deterrence account of the core justification of criminal punishment.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 77,894

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Ends of Harm: The Moral Foundations of Criminal Law.Victor Tadros - 2011 - Oxford United Kingdom: Oxford University Press.
Criminal Punishment and Restorative Justice: Past, Present, and Future Perspectives.David J. Cornwell - 2006 - North American Distributor, International Specialised Book Services.
''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.
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.
Punishment.Thom Brooks - 2012 - Routledge.

Analytics

Added to PP
2012-10-04

Downloads
53 (#228,255)

6 months
1 (#483,919)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

References found in this work

Personal practical conflicts.Joseph Raz - 2004 - In Peter Baumann & Monika Betzler (eds.), Practical Conflicts: New Philosophical Essays. Cambridge: Cambridge University Press. pp. 172--196.

Add more references