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Deterrence and the Just Distribution of Harm*: DANIEL M. FARRELL

Daniel M. Farrell

Social Philosophy and Policy 12 (2):220-240 (1995)

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Fortifying the Self-Defense Justification of Punishment.Cogley Zac - 2017 - Public Affairs Quarterly 31 (4).details David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren (...) Download Export citation Bookmark
A deterrence theory of punishment.Anthony Ellis - 2003 - Philosophical Quarterly 53 (212):337–351.details I start from the presupposition that the use of force against another is justified only in self-defence or in defence of others against aggression. If so, the main work of justifying punishment must rely on its deterrent effect, since most punishments have no other significant self-defensive effect. It has often been objected to the deterrent justification of punishment that it commits us to using offenders unacceptably, and that it is unable to deliver acceptable limits on punishment. I describe a sort (...) Download Export citation Bookmark 28 citations
Toward Social Reform: Kant's Penal Theory Reinterpreted.Sarah Williams Holtman - 1997 - Utilitas 9 (1):3-21.details Here I set the stage for developing a Kantian account of punishment attuned to social and economic injustice and to the need for prison reform. I argue that we cannot appreciate Kant's own discussion of punishment unless we read it in light of the theory of justice of which it is a part and the fundamental commitments of that theory to freedom, autonomy and equality. As important, we cannot properly evaluate Kant's advocacy of the law of retribution unless we recognize (...) Download Export citation Bookmark 5 citations
Punishment and the Principle of Fair Play.Anthony Ellis - 1997 - Utilitas 9 (1):81.details What I call the Just Distribution theory of punishment holds that the justification of punishment is that it rectifies the social distribution of benefits and burdens which has been upset by the offender. I argue that a recent version of this theory is no more viable than earlier versions. Like them, it fails in its avowed intention to deliver fundamental intuitions about crime and punishment. The root problem is its foundation in Hart's Principle of Fair Play, a foundation which, I (...) Download Export citation Bookmark 1 citation
Using Wrongdoers Rightly: Tadros on the Justification of General Deterrence. [REVIEW]Daniel M. Farrell - 2015 - Criminal Law and Philosophy 9 (1):1-20.details Some philosophers believe that punishing convicted criminals in order to deter other, potential criminals would be morally questionable even if we had good evidence that doing so would achieve its goal, at least to a substantial degree. And they believe this because they believe that doing so would be an instance of “using” convicted criminals in a morally objectionable way. Tadros aims to show that we would indeed be “using” convicted criminals in such cases but that, while “using” others is (...) Download Export citation Bookmark 1 citation

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