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Punishment

Punishment

Ted Honderich

(2005)

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Book Details

Abstract

Ted Honderich's Punishment is the best-known book on the justifications put forward for state punishment.

This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity.

Written in a clear, sharp style and seasoned with a dry wit, this is the most important work on the reasoning behind our penal systems. It is a pleasure to read for philosophers and non-philosophers alike.
'Invaluable for anyone who wants to start thinking seriously about what justifies punishment, not only because it surveys a high proportion of the classical literature but because it connects theories in broad yet subtle ways'
Metapsychology

Table of Contents

Section Title Page Action Price
Contents vii
Introduction 1
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, 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, 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
Acknowledgements 228
Notes 229
Index 245