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An Approach to the Problems of Punishment

Philosophy 33 (127):325 - 341 (1958)

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  1. Personhood, Equality, and a Possible Justification for Criminal Punishment.Liat Levanon - 2014 - Canadian Journal of Law and Jurisprudence 27 (2):439-472.
    The article examines the relationship between a wrongdoer and his victim. Based on this examination, a justification for criminal punishment is proposed. It is argued that crime violates thea prioriequality of constituent boundaries and of infinite human value between the wrongdoer and the victim. Criminal punishment re-equalizes respective boundaries and infinite human value. To develop this argument, the article observes how subject-subject boundaries are essential for the formation of separateness between subjects - separateness which is recognized and acknowledged by them (...)
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  • Crime & Punishment: A Rethink.Ognjen Arandjelović - 2023 - Philosophies 8 (3):47.
    Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...)
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  • Non‐paradigmatic punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.
    Philosophy Compass, Volume 17, Issue 5, May 2022.
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  • On the Possibility and Permissibility of Interpersonal Punishment.Laura Gillespie - 2017 - Dissertation, University of California, Los Angeles
    In the dissertation, I consider the permissibility of a familiar set of responses to wrongdoing in our interpersonal relationships—those responses that constitute the imposition of some cost upon the wrongdoer. Some of these responses are, I argue, properly considered punishing, and some of these instances of punishing are in turn permissible. Punishment as I understand it is a broad phenomenon, common in and to all human relationships, and not exclusively or even primarily the domain of the state. Personal interactions expressive (...)
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  • Punishment, Jesters and Judges: a Response to Nathan Hanna.Bill Wringe - 2019 - Ethical Theory and Moral Practice 22 (1):3-12.
    Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna’s own assumptions, punishment does not require (...)
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  • E-sports are Not Sports.Jim Parry - 2018 - Sport, Ethics and Philosophy 13 (1):3-18.
    The conclusion of this paper will be that e-sports are not sports. I begin by offering a stipulation and a definition. I stipulate that what I have in mind, when thinking about the concept of sport, is ‘Olympic’ sport. And I define an Olympic Sport as an institutionalised, rule-governed contest of human physical skill. The justification for the stipulation lies partly in that it is uncontroversial. Whatever else people might think of as sport, no-one denies that Olympic Sport is sport. (...)
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  • Two Mistakes about the Concept of Punishment.Vincent Geeraets - 2018 - Criminal Justice Ethics 37 (1):21-35.
    This article identifies two mistakes commonly made about the concept of punishment. First, confusion exists about when an analysis of punishment counts as retributive, and when as justificatorily n...
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  • The Nature of Punishment: Reply to Wringe.Nathan Hanna - 2017 - Ethical Theory and Moral Practice 20 (5):969-976.
    Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.
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  • (1 other version)Note on Defining 'Punishment'.Don E. Scheid - 1980 - Canadian Journal of Philosophy 10 (3):453-462.
    Dictionaries distinguish the following senses of ‘punishment’:the act of punishing, or the fact of being punished - where ‘punish’ is defined as: an act of public authority causing an offender to suffer for an offense. As In: ‘the respectable not only obey the law, but punish those who refuse to do so’.that which is inflicted as a penalty for an offense. As in: ‘all punishments are to be carried out in the Barrack Yard’, ‘fit the punishment to the crime’.severe handling (...)
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  • Punishment and Proportionality.John Deigh - 2014 - Criminal Justice Ethics 33 (3):185-199.
    This article concerns the problems of proportionality in the theory of punishment. The problem is how to determine whether the severity of a punishment for a criminal offense is proportional to the seriousness of that offense. The resolution to this problem proposed in the article is that, first, one understand punishment as pain or loss intentionally and openly inflicted on someone S in retaliation for something S did, by a person or agent who is at least as powerful as S, (...)
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  • The Criteria of Punishment: Some Neglected Considerations.Tziporah Kasachkoff - 1973 - Canadian Journal of Philosophy 2 (3):363 - 377.
    Discussion concerning the meaning and analysis of “punishment” has centered, in large measure, on claims for a logical connection between “punishment” and “guilt.” However, more and more in the literature focus has shifted from guilt as the defining feature of “punishment” to guilt as only one of many constitutive conditions satisfaction of which is necessary for standard cases with allowance made for other correct, though secondary, uses of the term.
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  • (1 other version)Note on Defining 'Punishment'.Don E. Scheid - 1980 - Canadian Journal of Philosophy 10 (3):453 - 462.
    Dictionaries distinguish the following senses of ‘punishment’:the act of punishing, or the fact of being punished - where ‘punish’ is defined as: an act of public authority causing an offender to suffer for an offense. As In: ‘the respectable not only obey the law, but punish those who refuse to do so’.that which is inflicted as a penalty for an offense. As in: ‘all punishments are to be carried out in the Barrack Yard’, ‘fit the punishment to the crime’.severe handling (...)
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  • Justice and Legal Punishment.James F. Doyle - 1967 - Philosophy 42 (159):53 - 67.
    T he Question of punishment and its justification has been a major preoccupation in recent philosophy of law. The reasons for this growing concern are not difficult to discover. Both philosophers and jurists have become increasingly sceptical of traditional theories of legal punishment. Each of these inherited theories was designed to establish criteria for the recognition and appraisal of punishment as a legal institution. However, alternative theories emphasised different and often conflicting criteria. Some theories emphasised moral desert and retribution, while (...)
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  • A Fairness-Based Defense of Non-Punitive Responses to Crime.Giorgia Brucato & Perica Jovchevski - 2024 - Diametros 21 (79):40-55.
    In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. (...)
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  • Punishing with Care: treating offenders as equal persons in criminal punishment.Helen Brown Coverdale - 2013 - Dissertation, The London School of Economics and Political Science
    Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...)
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  • Asking Philosophical Questions About Education: Foucault on Punishment.James D. Marshall - 1990 - Educational Philosophy and Theory 22 (2):81-92.
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  • Principles of Proportionate Punishment: Comments on John Deigh, From Psychology to Morality: Essays in Ethical Naturalism.Mitchell N. Berman - 2022 - Philosophy and Phenomenological Research 104 (3):784-791.
    Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 784-791, May 2022.
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  • Philosophical Perspectives on Punishment, Second Edition.Gertrude Ezorsky (ed.) - 2015 - State University of New York Press.
    _Historical and contemporary philosophical writings on punishment._.
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  • Punishment: A Postscript to Two Prolegomena.Robert A. Samek - 1966 - Philosophy 41 (157):216 - 232.
    My aim in this article is threefold: First, I wish to challenge the view put forward by A. Flew and H. L. A. Hart which has won widespread recognition, namely, that the concept of punishment entails a legal or quasi-legal system of punishment. In my view all that is necessary for a case of punishment to occur is that a person inflicts deliberately and not primarily for the sake of any beneficial consequences which may flow from his action, anything likely (...)
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  • Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.
    Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...)
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  • The Problems of Empirically-Informed Arguments for and against Retributivism.Valerij Zisman & Paul Rehren - forthcoming - Review of Philosophy and Psychology:1-27.
    In recent years, a number of philosophers and social scientists have argued in favor of or against retributive theories of criminal punishment based on empirical findings about folk punitive judgment and decision-making. In this paper, we will argue that these arguments do not succeed. We will raise two objections. First, there are serious gaps between the empirical findings these authors cite and the descriptive premises these findings are meant to support. Second, in many cases, the existing research does not support (...)
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  • The Dogma of Opposing Welfare and Retribution.Leora Dahan Katz - 2023 - Legal Theory 29 (1):2-28.
    There is a common refrain in the literature on punishment that presumes the mutual exclusivity of defending retribution and adopting a humanistic or welfare-oriented outlook. The refrain, that if we want to be humane, or care about human welfare, we must abandon retributive punishment, anger, and resentment is readily repeated, endorsed, and relied upon. This article suggests that this opposition is false: retribution and welfare-orientation can not only be endorsed concomitantly, but are complimentary projects, and may even be grounded in (...)
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  • Punishment Theory’s Golden Half Century: A Survey of Developments from 1957 to 2007. [REVIEW]Michael Davis - 2009 - The Journal of Ethics 13 (1):73 - 100.
    This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...)
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  • Is Retributivism Analytic?Igor Primorac - 1981 - Philosophy 56 (216):203 - 211.
    Most of the standard arguments against the retributive theory of punishment are hardly new. That the retributive view of punishment is but a rationalization of a primitive urge for revenge; that the retributivists, instead of providing an answer to the question about the source of our moral right to add a new evil to an already perpetrated one , simply assert dogmatically that punishment is an intrinsic good, i.e. something that needs no further moral justification; that it is impossible to (...)
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  • Compulsory victim restitution is punishment: A reply to Boonin.Michael Cholbi - 2010 - Public Reason 2 (1):85-93.
    David Boonin has recently argued that although no existing theory of legal punishment provides adequate moral justification for the practice of punishing criminal wrongdoing, compulsory victim restitution (CVR) is a morally justified response to such wrongdoing. Here I argue that Boonin’s thesis is false because CVR is a form of punishment. I first support this claim with an argument that Boonin’s denial that CVR is a form of punishment requires a groundless distinction between a state’s response to a criminal offense (...)
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  • R. S. Peters: The reasonableness of ethics.Felicity Haynes - 2013 - Educational Philosophy and Theory 45 (2):142-152.
    This article will begin by examining the extent to which R. S. Peters merited the charge of analytic philosopher. His background in social psychology allowed him to become more pragmatic and grounded in social conventions and ordinary language than the analytic philosophers associated with empiricism, and his gradual shift from requiring internal consistency to developing a notion of ?reasonableness?, in which reason could be tied to passion, grounded him in an idiosyncratic notion of ethics which included compassion and virtue as (...)
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  • Bibliography.[author unknown] - 2015 - In Gertrude Ezorsky (ed.), Philosophical Perspectives on Punishment, Second Edition. State University of New York Press. pp. 425-435.
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  • Can Restorative Justice provide a solution to the problem of incoherence in sentencing?Elizabeth Tiarks - unknown
    Current sentencing practice in England and Wales is incoherent. This stems from the combination of conflicting philosophies of punishment, with no clear method adopted by sentencers in choosing between them. This presents a significant challenge as sentencing can have a profound impact on an offender’s life, as well as having wider implications for family members. Therefore, a coherent decision-making process is essential in order to limit arbitrary sentencing and support the legitimacy of the penal system. This thesis argues that Restorative (...)
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