Punishment and Retribution
Ashgate Publishing, Ltd., 2006 - 228 trang
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
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account of punishment account of retributivism Anthony Quinton Antony Flew appeal argue asserts avenger believe blame chapter claim conceptual consequences consequentialist contrast Cottingham Criminal Law criminal punishment carried David Dolinko defend deﬁnition definition of punishment deontology deserved punishment deterrence discussion distinction emotions ethical example fact form of retributivism G. E. Moore H. L. A. Hart harm Hart’s immoral inﬂiction inﬂiction of punishment insofar instance of punishment intrinsic J. L. Mackie Joel Feinberg John Rawls justification of punishment justifies punishment legal moralism lex talionis liberal logical merely Michael Moore mixed justifications Moore’s moral realism Nozick organic wholes Oxford person philosophers PlacingBlame principle problem punishing the deserving Punishment and Responsibility punishment and revenge punishment simpliciter question Quinton reason retributive justice retributive punishment retributivism and consequentialism retributivist rules sense simply someone sort standard account theory of punishment things University Press utilitarianism version of retributivism wrong wrongdoer wrongdoing