Justifying Legal Punishment,9780391040366

Justifying Legal Punishment

by
ISBN13: 9780391040366
ISBN10: 0391040367
Format: Paperback
Pub. Date: 1997-11-01
Publisher(s): Prometheus Books
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Summary

"Justifying Legal Punishment offers a cogent defense of retributivism ... a biting critique of utilitarian justifications of punishment, & a tentative defense of capital punishment ... A particularly timely book, given the precarious progress of retributivism in the twentieth century.-Ethics "By producing the present, clear, comprehensive, & compelling defense of a strict retributivist justification, Dr. Igor Primoratz has set a challenging standard."-The Philosophical Quarterly

Table of Contents

Acknowledgments ix
Preface to Paperback Edition xi
Introduction
What Is Punishment?
1(6)
The Philosophical Problem of Punishment
7(2)
Philosophical Theories of Punishment
9(6)
The Utility of Punishment: Bentham
The Principle of Utility
15(3)
The Aims of Punishment
18(4)
The Limits
22(4)
The Measure
26(2)
The Properties
28(5)
Arguments Against the Utilitarian Theory
Ends and Means in Punishing
33(2)
Utilitarianism and Justice
35(10)
Punishment of the Innocent (a): Moral Acrobatics
45(6)
Punishment of the Innocent (b): The Definitional Stop
51(3)
Punishment of the Innocent (c): The Scope of the Argument
54(8)
Some General Traits of Utilitarianism
62(5)
Punishment as Retribution: Hegel
Fundamentals of the Philosophy of Right
67(2)
Retribution, Revenge, Punishment
69(2)
Punishment Justified Objectively
71(4)
Punishment Justified Subjectively
75(4)
Lex talionis
79(4)
Arguments Against the Retributive Theory
Vengeful
83(2)
Inapplicable
85(10)
Conservative
95(1)
Hypocritical
96(2)
Ascribing an Odd Right
98(10)
Incompatible with Mercy
108(3)
The Middle Way
The Idea of a Synthetic Theory
111(1)
The Word and the Thing: A. M. Quinton
112(3)
The End and the Means: A. C. Ewing
115(3)
The Institution and the Particular Case (a): Rule-Utilitarianism
118(11)
The Institution and the Particular Case (b): R. M. Hare's Two-Level Theory
129(8)
The Institution and the Particular Case (c): H. L. A. Hart
137(8)
Retribution as a Positive Principle
Retributive Convictions
145(4)
Denunciation
149(6)
Capital Punishment
The Ultimate Deterrent
155(3)
A Life for a Life
158(9)
Cruel and Unusual?
167(6)
Notes 173(16)
Bibliography 189(6)
Index 195

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