Punishment : the supposed justifications revisited / Ted Honderich.

Format:

Book

Author/Creator:

Honderich, Ted.

Language:

English

Subjects (All):

Punishment.

Punishment--Philosophy.

Punishment--Moral and ethical aspects.

Physical Description:

viii, 249 pages ; 22 cm

Edition:

Revised edition, [Enlarged and developed edition].

Place of Publication:

London ; Ann Arbor, MI : Pluto, 2006.

Summary:

This classic book is an enlarged and developed edition of the best-known philosophical work on the justifications put forward for state punishment. Can punishment be justified by looking back to a crime committed-by desert or retribution? What do such ideas actually come to? The book remains true to its original realism about talk of desert. But it takes this realism forward. Can punishment be justified by a utilitarian or similar proposition about preventing crime? Or by the proposition that it reforms or rehabilitates? Do these theories presuppose a free will and responsibility that is an illusion because of the truth of determinism? Are combinations of several theories of punishment the answer? The last chapter, like others, is new. It has to do with the decent society, and with our societies. It dismisses the question asked by almost all the theories of the justification of punishment. This book is a work of arresting analysis, by a radical philosopher also internationally known as a philosopher of mind. It is clearly, sharply and informally written. It is sometimes funny. It is the most important work on our reasoning behind our punishment, and how it has to be judged.

Contents:

1 Problem and Definition 4

The Need to Justify Punishment 4

The Definition of Punishment 8

2 Backward-Looking Theories 17

Retribution Theories in General 17

Legal, Circular, and Intrinsic-Good Retributivism 23

Distress-Culpability, Forfeited Rights, Indifference 29

Innocence System 35

Annulment, Offenders' Rights 41

Rational Contract 46

Consent to Loss of Immunity 48

Satisfactions-in-Acting 53

3 Grievance Satisfaction 58

An Actual Reason 58

System 65

Defences and Criticisms 69

4 Utilitarian Prevention Theory, etc. 74

Questions of Fact about Prevention 74

The Utilitarian Prevention Theory 86

The Victimization Objection 89

Utilitarians on Victimization 95

Justified and Unjustified Victimizations 104

Retrospect and Conclusion 109

5 Reform, Rehabilitation, Treatment 112

Punishment as Reformative 112

Illness and Treatment 118

Objections 125

6 Determinism 130

Punishment, Freedom, Responsibility 130

A Sketch of Determinism 133

Determinism Despite Quantum Theory 138

Compatibilism and Incompatibilism 144

Attitudinism 145

Arguments for Compatibilism and Incompatibilism 151

The Real Consequences of Determinism 155

Punishment 158

7 Compromise Theories 163

Retrospect, Separate Questions 163

Prevention and Retribution 170

Correct-Values Retributivism 176

Liberal-Community Retributivism 184

8 Non-Problem, Other Conclusions 195

The End of All Retributivism 195

The Decent Society 201

The Principle of Humanity 206

Our Societies 210

Our Unjustified Punishments 216.

Notes:

Previous ed.: London: Hutchinson, 1989.

Includes bibliographical references (pages 229-244) and index.

ISBN:

0745321321

0745321313

OCLC:

61425518