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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 |